What is the scope of the Lanham Act’s false designation of origin claim?
The Lanham Act is a federal law that protects businesses from unfair competition in the form of false designations of origin. This law applies to anyone who uses false or misleading information about the origin of a product or service in the marketplace. A false designation of origin claim under the Lanham Act applies when a person or company uses a trademark, trade name, logo, slogan, trade dress or other indication of origin on goods or services that are not their own, or to create the impression that the goods or services originate from another source. This type of claim also applies when a person or company uses a deceptive description of their goods or services that could reasonably lead customers to believe the goods or services are the same as, or connected to, a competitor. In other words, the scope of the Lanham Act’s false designation of origin claim is broad and covers any situation in which a person or company misleads customers about the origin of its products or services. Such claims are enforced by the Federal Courts in Massachusetts and other states. The law provides for injunctive relief, monetary damages and attorneys’ fees, so it is important to understand the law and take steps to protect your business from potential liability.
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